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Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....le is liable to be discharged with costs. 10. We have perused the Writ Petitions, Affidavits-in-Opposition and the relevant Annexures annexed thereto and heard the learned Advocates for the parties in extenso. 11. The High Court Division exercising power under Article 102 of the Const......t by its judgment and order dated 25.11.1996 rejected the claim of the petitioner on the grounds, inter alia, that the gift was not acted upon and that 30 days' prior notice of transfer and prior payment of transfer fee were not made in favour of the DIT as stipulated in Clause 23 of the de......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
....p, Annexure-X-1. Then, the importer or Agent submits the Bill of Entry to the Import General Manifest (IGM) Section under section 79 of the Custom Act for noting;
II. Said IGM section examines the particulars of filled up Bill of Entry Form and Bill of Lading, Import Manifest etc. and if found co......es to the writ petition.
3. During the vacation, the petitioner challenged such CRF certificates before a Single Bench of this Division and on 09.11.05 obtained an order of release of the goods on payment of duty and other charges in cash on the basis of invoice value and upon further receipt of ......omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....ort facts leading to this Rule, are that on 01-07-2004 the petitioner as plaintiff instituted Other Class Suit no.58 of 2004 in the Court of Senior Assistant Judge, Joypurhat, impleading the opposite parties as defendants for permanent injunction, restraining the defendant Nos.1-3 from giving allotm......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....re that the respondent No.1, Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and order dated 13.11.2000. The decree holder bank, thereafter, started Exec......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......1. 2. The facts relevant for disposal of this rule, in short, are that the respondent No.1, Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and orde..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....rocedure, directing against the judgment and order of acquittal dated 31-7-2003 passed by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhaka acquitting all the accused-opposite parties from the charge under sections 326/302/34 of the Penal Code in Sessions Case No.408 of 20......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ...... accounting of such money. He denied the suggestion that there were several creditors and they demanded their money from the deceased. He denied the suggestion that his brother used to take money/loan for his business and there was several cases for his misdeeds. This witness further stated th..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....mplaint Case No.43 of 2000 in the First Labour Court in Dhaka under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 (in short the Act) impleading the petitioner as the second party. The case of respondent No.2, in short, is that he had been serving in the petitioner's es......d the respondents-workers and a few other workers took very active and indomitable part to see that the petitioner-employer could not avoid signing the legitimate agreement incorporating a clause for payment of arrears with lot of persuasions. For the above reasons, the petitioner-employer looked qu......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....t The provision of law as regard burden of proof is, that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence, particularly those in favour of the accused, should be placed before the Court. It is a course not ......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... not support accused Abul Kalam and worked for Habibur Rahman. Accused Abul Kalam was defeated in the said election. Being annoyed at this, accused Abul Kalam along with the terrorist elements of his party was making conspiracy to murder him and was looking for an opportune moment. On the date of oc...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....l was justified in not correcting the mistakes as apparent from record under section 173 of the Ordinance? 12. Mr. A. B. Siddique, learned Advocate for the applicants challenged the rejection of a part of the receipts out of construction business which were supported by the payment certificates i......npointing any specific defect? c) Whether the Appellate Tribunal was justified in law to estimate the receipts of the construction business in spite of the fact that the receipts were supported by payment certificates from paying authorities which reconciled with the bank statements and books of ......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....reserved and used there and the victims died from sustaining burn injuries. It is further stated that the alleged, dying declaration of the victim is not worthy of credence. 9. After hearing the parties and on an appraisal of the evidence and materials on record and in view of the facts and cir......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
....le.
5. We have perused the writ petition, affidavit-in-opposition and the relevant papers as annexed therewith and also considered the submissions made by the learned Advocates for the respective parties. To appreciate the submissions made by the learned Advocates it requires us to decide the qu......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
......14 of 1999 in the Bankruptcy Court, Dhaka against the petitioner and 5others impleading her as defendant No.7 in that suit for declaration that the defendants are defaulters to the plaintiff bank for loan outstanding amounting to Tk.2,31,06,370.48 and are severally and jointly liable to be declared ..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....itioners in the writ-petition as the writ petitioners have filed the writ-petition challenging the cancellation of the approved plan of the said Building. The cordial principle of law for addition of party has been provided in rule 1(10) of Order I of the Code of Civil Procedure is that a person is ......not only a good maxim but 'essential law'. In that case, by a contract in writing, made in September, 1914, the owner of a specific parcel of wheat in a warehouse in Liverpool sold it upon the terms "payment cash within seven days against transfer order". Before delivery and before the property pass......ct. On getting the sanction, the writ-petitioners started construction as per sanctioned plan. As the construction involved huge money, the writ petitioners mortgaged the said land to a bank and took loan. Out of 22 floors 16 floors with the foundation for the sanctioned 22-storied building was comp..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
....ed upon. He then referred I.L.R. 42 Privy Council 801 cal, wherein
it has been held as follows:-
"When the
actings and conduct of the parties are founded upon, as in the performance or
part- performance of an agreement, the locus
penitentia, which exists in a situation where the pa......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)
....y General - For the Respondents. Writ Petition No.1321 of 1997. Judgment Mir Hashmat Ali J.- This Rule was issued calling upon the Respondents to show cause as to why the inclusion of part of home-stead Plot No.893 in the acquisition proceeding being L.A. Case No.1 of 1095-96 should ......e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ......e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ..Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....de, 1860 (XLV of 1860); section 34 In order to attract the section 34 of the Penal Code, it must be established first that a criminal act has been done by several persons and secondly that all the participants intended that the criminal act should be done and lastly that the criminal act has been...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....r unknown 15/20 person armed with deadly weapons like Pistol, Chapati, Ramdao, Chines Axe, Dagger, forming an unlawful assembly, attacked him where one Asgar and Monir inflicted injuries on the vital part of the body like head with the help of Chapati where as other accused like Sorhab, Biplob, Mosa......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
.... land in favour of the plaintiff. Long after expiry of the stipulated period the defendant Nos. 1-4 filed a Miscellaneous Case being No.50/1982-83 before the concerned CO (Revenue) and got an ex parte order on 14-11-82 allowing redemption of mortgage on the strength of the agreement dated 16-11......a, the learned Advocate, on the other hand, submitted the following points of argument to protect the impugned judgment and decree: (a) The land was redeemed earlier by defendant Nos. 6 and 7 on payment of the Kabala price but the said redemption having had not taken place by written instr...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....proceedings and the substantive rules of the Civil Procedure Code will apply. Rules of procedure, however, should not be pursued to the point of absurdity so that the substantive issues between the parties are lost and justice frustrated by technicalities. In Writ Proceedings, which is an equita......etitioner and, as such, on that count as well we do not see how the petitioner, can claim to be entitled to any shop. It has been admitted by the respondent No.1 that the petitioner has made part payment of salami for a shop and that the City Corporation has offered him Shop No.D-53 but the pe......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....etitioners. Ramzan Ali Sikder, Advocate — For the Opposite Party. Civil Revision No.4128 of 2004. Judgment Bijan Kumar Das J. -This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 5-5-2005 passed by the learned A......ee directing the defendants to furnish the complete accounts of the profit made during the period of infringement and also to direct the defendants to deposit the profit amount into the Court for the payment to the plaintiff. 3. The plaintiff alleged that, the plaintiff has been carrying on bus...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....Badrul Huq J Tabibullah and others ………………..Petitioners Vs. Bangladesh and others....Opposite Parties Judgment April 4, 2007. Result: Petition for addition as opposite parties is allowed. Case Referred to- Parimal Majumder Vs. Abdul Sobhan, 39 DLR 352; Subash Ch......) 235 = 45 DLR (AD) 120 it has been laid down: "In the absence of any material to show, that the lessees are in possession of the disputed property upon renewal of their lease by the Government on payment of rent, such lessees cannot be held to be necessary parties in a suit in which the lesser G......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
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